Can we do this?

PAhr

We have hired a lot of female employees who after hire announce they are pregnant.We had one girl who after working about five months needed to be off for the rest of her pregnancy.The entire time off amounted to a little over four months.This person and others like her are not eligable for FMLA.Even if she had been eligable she would have used all the FMLA but we keep these employees.On the other hand if we have an employee who has been with us for over one year(eligable for FMLA)we only allow three months off maximum as per FMLA requirements.If more than that is used we immediately terminate.Are we setting our selves up for any legal problems down the road?

Theresa Gegen TX

In a word, "yes." In your scenario, there is no good reason why an employer would give a pregnant employee more than FMLA leave if she has worked at the company less than one year, and only FMLA leave is she has worked there a year. Sooner or later the pregnant employee who is eligible for FMLA will be of a difference race, religion, etc than the other employee and will sue for discrimination.

If you are going to give some more than FMLA leave, you need to give them all more than FMLA leave. There would be no problem at capping all the leave at 12 weeks (whether the person is entitled to FMLA or not).

The company can give more than FMLA leave, but should treat all employees the same.

Good Luck.

Carol CA

Ditto to Theresa. There is no reason why you should be more generous to employees who have been with your company less time than those eligible for FMLA. Stop your current practice right away. Either give more time to everyone, or cap at the 12 weeks (although even 12 weeks is not necessary for those new hires -- but be consistent in granting or not granting.)

System

Check your state's pregnancy discrimination or family leave laws to make sure they don't give her leave even when it's not FMLA.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

PAhr

I've tried to look up state laws but I can't find any.Where should I be looking?

System

Hmmmm...It's hard to prove that something doesn't exist. I looked around and couldn't find one either, so it appears there isn't a state law on the subject.

James Sokolowski
Senior Editor
M. Lee Smith Publishers

System

[font size="1" color="#FF0000"]LAST EDITED ON 04-11-02 AT 06:28AM (CST)[/font][p]I checked with James Kilcur, attorney editor of our [link:www.hrhero.com/paemp.shtml|Pennsylvania Employment Law Letter], and he says there are no Pa statutes dealing with pregnancy discrimination or FMLA.

Hope this helps!

Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]